JOHNSON v. WABASH VALLEY CORRECTIONAL FACILITY HEALTH SERVICES et al
| CARL JOHNSON |
| JACQUES LECLERC, ROSE VAISVILAS and WABASH VALLEY CORRECTIONAL FACILITY HEALTH SERVICES |
| 2:2012cv00337 |
| November 13, 2012 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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Filing
7
ENTRY Dismissing Insufficient Claims and Directing Further Proceedings. Having screened the complaint as required the court makes the following rulings: 1. Johnson's claim is asserted pursuant to 42 U.S.C. § 1983. "[T]he first step in any [' 1983] claim is to identify the specific constitutional right infringed." Albright v. Oliver, 510 U.S. 266, 271 (1994). 2. Under the Eighth Amendment, inmates are entitled to adequate medical care. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To establish liability, a prisoner must satisfy both an objective and subjective component by showing that: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to that medical need. Farmer v. Brennan, 511 U.S. 825, 834 (1994). 3. The named defendants are the Wabash Valley Correctional Facility Health Services, Rose Vaisvilas, and Jacques LeClerc. Because Avicarious liability is inapplicable to... § 1983 suits, a plaintiff must ple ad that each Government-official defendant, through the official's own individual actions, has violated the Constitution.@ Ashcroft v. Iqbal, 129 S. Ct. 1937, 1948 (2009). Without such an allegation, there can be no recovery. Burks v. Raemi sch, 555 F.3d 592, 593-94 (7th Cir. 2009) ("Liability depends on each defendant's knowledge and actions, not on the knowledge or actions of persons they supervise...."). 4. No partial final judgment shall issue at this time as to the c laims dismissed in paragraph 3 of this Entry. 5. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on defendant Jacques LeClerc in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the complaint, applicable forms and this Entry. Copy to Plaintiff and Dr. Jacques LeClerc via U.S. Mail. Signed by Judge William T. Lawrence on 12/19/2012.(NMS)
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